Expectation of Prosecutors:

Question: How do prosecutors’ duties to serve justice affect my criminal case in Ontario?

Answer: In Ontario, a prosecutor’s duty is to represent the Crown by presenting credible evidence fairly, not by trying to “win” at any cost, which stems from the Supreme Court of Canada’s guidance in Boucher v. The Queen, [1955] S.C.R. 16. If you’re dealing with a criminal or provincial offence, this fairness-focused role can matter for disclosure, how evidence is introduced, and how the case is handled at trial, especially where fairness and impartial decision-making are in question. If you want help understanding prosecutorial obligations and how they may affect your next steps, Hogan Paralegal Services can review your situation and explain practical options, call (905) 634-2100.

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Understanding the Role and Duties of a Prosecutor

The role of a prosecutor is one of the most significant in the justice system whereas the professional duty of the prosecutor is to focus upon serving justice rather than winning cases.  This webpage article delves into the expectations and professional responsibilities owed by prosecutors with emphasis upon the foremost duty to serve principles of justice as highlighted within the case of Boucher v. The Queen, [1955] S.C.R. 16.

Note: Please contact Hogan Paralegal Services by phone at: (905) 634-2100 to discuss any specific questions that you may have.

Professional Responsibility

Prosecutors are vested with the responsibility of representing the Crown within criminal proceedings or the Province when prosecuting a provincial offence.  The primary duty of a prosecutor is to present credible evidence before the court so to ensure that the judicial process is both fair and just and seen as fair and just in the public eye.  This crucial role requires exceptional ethical standards and a commitment to upholding the principles of justice, even if such means the failure to securing a conviction against the accused person.

Challenges for Prosecutors

Prosecutors often confront numerous challenges when navigating the duties of a prosecutor such as:

• The Balancing of Justice and Advocacy:
  The prosecutor is expected to present a compelling case; however, prosecutors must also avoid any tactics that might be perceived as unfair or manipulative.
• The Public Perception:
  The prosecutor faces pressure to secure convictions often stems from public expectations and can lead to an undue emphasis on winning rather than ensuring that justice is served.
• The Resource Limitations:
  The prosecutor may face limitations in terms of resources, usually in time rather than money, which can impact upon the ability to thoroughly investigate and present a case.

Precedent Case Decision

The case of Boucher v. The Queen, [1955] S.C.R. 16, is foundational to understanding the duty of a prosecutor.  The Supreme Court of Canada outlined that prosecutors must avoid the seeking of convictions at any cost but should instead aim to present credible evidence and to do so fairly.  This guiding principle is encapsulated within the following excerpt from the case decision:

Detailed Analysis of Prosecutorial Duties

Prosecutors must exercise the prosecutorial duties with impartiality and integrity.  Prosecutors must be well-versed in legal precedents and prosecutors must refrain from breaching ethical guidelines.  Key aspects include:

1. The Preparation:
   By thoroughly preparing for cases by investigating all avenues, regardless of whether the evidence supports the prosecution or the defence.
2. The Transparency:
   By disclosing all relevant evidence to the defence, including any material that might exonerate the accused.
3. The Fairness:
   By ensuring that the trial process is fair by presenting evidence impartially and respecting the rights of the accused.

Conclusion

The role of a prosecutor is paramount in ensuring that justice is served fairly.  Guided by the principles laid out within Boucher, prosecutors must balance the duty to present evidence with the overarching duty to present and achieve a fair trial.  By upholding these standards, prosecutors help to maintain public trust in the justice system and to ensure that a fair trial is received by an accused person.